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HomeMy WebLinkAboutItem 5j. Authorization to advertise Request for Proposal for South Broad Street Corridor Planning and Demonstration Project, Spec. No. 2001070 Item 5j Department: Public Works Cost Center: 5010 For Agenda of: 6/2/2026 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Public Works & Utilities Director Prepared By: Bryan Wheeler, Transportation Planner Engineer III SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSAL FOR SOUTH BROAD STREET CORRIDOR PLANNING AND DEMONSTRATION PROJECT, SPEC. NO. 2001070 RECOMMENDATION 1. Authorize the advertisement of a Request for Proposals for design services for the South Broad Street Corridor Planning and Demonstration Project (Specification No. 2001070), Attachment A, in a final form approved by the City Engineer and City Attorney; and, 2. Authorize the City Manager to execute an agreement with the selected consulting firm; and, 3. Authorize the Finance Director to execute and amend purchase orders under the executed consultant agreement in an amount not to exceed the available project budget; and, 4. Authorize the Finance Director to appropriate the awarded Safe Streets for All (SS4A) grant funds to the South Broad Street Corridor project account (2001070). POLICY CONTEXT The South Broad Street Area Plan was adopted by the City Council on December 2, 2014, as part of the General Plan Land Use and Circulation Element Update. Per Section 202-A of the City’s adopted purchasing policy, Professional Services in excess of $150,000 require Council Approval and a formal Request for Proposal (RFP). DISCUSSION Background The South Broad Street Area Plan was adopted by the City Council on December 2, 2014, as part of the General Plan Land Use and Circulation Element Update. Since adoption, the South Broad corridor has seen steady transformation with increased residential and commercial development, along with increasing vehicle, pedestrian, and bicycle volumes. Page 155 of 454 Item 5j On February 6, 2024, City Council directed staff to appropriate $800k from the Infrastructure Investment Fund to support staffing needs for the Broad Street A ctive Transportation Plan (ATP) with the Mid-Year Budget. This provided $400k for a contract staff position to focus on delivery of the Broad Street improvements, and $400k toward consultant services to supplement grant funding for the project . At the April 16, 2024 council meeting, Staff was authorized to pursue Federal Safe Streets and Roads for All funding in the amount of $500k, with a $100k local match. This funding will supplement previously authorized budget. In September 2024, the City was awarded a Safe Streets for All (SS4A) grant in the amount of $400,000, requiring a $100,000 local match, administered by the Federal Highway Administration (FHWA). These grant funds allow the City to complete: 1. A comprehensive safety assessment, including a detailed analysis of the collision history; 2. Expanded data collection on the full corridor of Broad Street and surrounding streets; 3. Design and build a demonstration project, using “quick build” materials such as striping and flex posts to test roadway safety strategies identified through public outreach including (1) enhanced bicycle lanes, (2) corner bulb-outs, (3) temporary medians or left-turn provisions and/or prohibitions to control access, (4) road diet elements, and (5) speed feedback signs. After the grant was awarded, staff worked to fill the position necessary to deliver this project. Staff further prepared the project scope and negotiated the project scope with FHWA to satisfy the grant’s requirements. The RFP was initially intended to be presented to Council at the November 4, 2025 meeting; however, prior to that meeting, FHWA modified the grant agreement by adding additional terms and conditions, including requirements to comply with various federal executive orders, which necessitated extended legal review. The City Attorney’s Office has now completed its review and identified a path forward. The City’s executed grant agreement, with its qualifications on acceptance of the added terms, is included as Attachment B. Broad Street is further identified as a Tier 1 corridor in the City’s Active Transportation Plan, indicating a high priority for bicycle and pedestrian improvements. It is also classified as a High Collision Rate Roadway Segment due to a history of frequent and severe traffic collisions involving all travel modes (vehicles, pedestrians and bicyclists). Furthermore, recommendations for Broad Street are incorporated into the City’s Vision Zero Action Plan, adopted by Council at the May 19, 2026 meeting. Project Scope Staff is requesting authorization to solicit and award a contract with a qualified transportation planning and engineering consulting firm through a formal RFP process. Page 156 of 454 Item 5j The selected consultant will be responsible for preparing a corridor plan and designing a near-term demonstration project for South Broad Street in coordination with City staff. The consultant will prepare a comprehensive corridor plan for South Broad Street extending from High Street to the southern City limits. This effort will include an evaluation of existing transportation conditions, including traffic operations, safety performance, and multimodal mobility for pedestrians and bicyclists. The analysis will incorporate collision history, traffic data, and applicable policy guidance from adopted City documents, including the Active Transportation Plan and Vision Zero Action Plan. The result of this work will be a set of corridor-level recommendations intended to improve safety and mobility for all users. In addition to the corridor planning effort, the consultant will design a near -term demonstration project within the segment of South Broad Street between South Street and Orcutt Road. This demonstration project will utilize “quick-build” materials to test potential safety and operational improvements prior to consideration of permanent capital investments. The consultant will develop conceptual and final design plans, including plans, specifications, and estimates (PS&E), and will incorporate community input and findings from the corridor planning effort. Potential treatments may include r oadway reconfiguration, protected bicycle facility elements, and targeted intersection safety improvements designed to address identified conflict points. The data collection, public outreach, demonstration project and the planning study will include neigh boring streets both to the east and west of Broad to address cut-through traffic and neighborhood concerns. Staff expects improvements to be implemented and/or recommended both on Broad Street and on other adjacent streets as identified in the plan. The consultant will also be responsible for supporting public engagement, environmental clearance, and post-implementation evaluation. Public engagement will include facilitation of a minimum of two public meetings and ongoing coordination with the Active Transportation Committee and City Council. The consultant will assist in maintaining a project website to support public outreach and information sharing throughout the planning process. Environmental documentation required under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) will be completed as part of the project deliverables in accordance with grant requirements. Following implementation of the demonstration project, the consultant will conduct data collection and evaluation to assess project performance and effectiveness. This analysis will be used to inform recommendations for future permanent improvements along the corridor and will be incorporated into updates to the City’s Vision Zero Action Plan. The consultant will provide technical expertise in transportation planning, engineering design, environmental review support, and performance evaluation. City staff will retain responsibility for overall project coordination, community communication, and grant administration and reporting requirements. Page 157 of 454 Item 5j Previous Council or Advisory Body Action On February 6, 2024 the City Council approved $800,000 as part of the Fiscal Year 2023- 24 Mid-year Budget Review to advance early planning for a South Broad Corridor project to incorporate elements of the South Broad Street Area Plan and the Active Transportation Plan. On April 16, 2024, the City Council adopted Resolution 11492, and approved staff to prepare and submit an application for the SS4A grant program of up to $500,000 for the South Broad Corridor Project, with $100,000 of that being match city funds. The grant was awarded to the City in September of 2024. Additional money is planned in the Capital Improvement Plan for FY 2029-30, for permanent improvements to the corridor, if warranted by the success of the demonstration project. Possible improvements will be determined by the planning process, but may include physically protected bicycle lanes, sidewalk and curb ramp upgrades, raised medians, and additional intersection controls such as traffic signals (where warranted). Public Engagement The scope of the RFP includes a public engagement component for the consultant to administer, which will include, but not be limited to the following: 1. A minimum of two public meetings with residents and stakeholders along the corridor. 2. An online presence and project portal on the City’s website, with ability to receive public input and disseminate project data and components. 3. Presentation of the plan at a minimum of one Active Transportation Committee meeting and one City Council meeting for review and approval. City staff will supplement consultant-led outreach by continuing direct engagement with residents, community partners, and stakeholders as needed. Staff have already received inquiries from residents regarding safety concerns along the corridor, and ongoing communication with these individuals and the broader community in that area will remain an important component of project delivery to ensure timely and transparent updates. Prior to implementation of the demonstration project, the City Council will have the opportunity to review and approve the corridor plan. The demonstration pr oject will also proceed through the City’s standard project delivery process and will require separate Council approval prior to construction. CONCURRENCE The Public Works Department, Finance Department, and City Attorney have reviewed the proposed agreement and concur with its contents. City Emergency Services will also participate in the project, providing input during development of the corridor plan and Page 158 of 454 Item 5j reviewing the proposed demonstration project and any other improvements to ensure operational considerations are addressed. ENVIRONMENTAL REVIEW There is no environmental review required with the actions requested at this time, as release of the consultant RFP and initiation of corridor design and planning activities are not classified as “projects” under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) as they will not result in either a direct physical change or indirect physical change to the environment . Both CEQA and NEPA review will be required with the subsequent actions to (a) adopt a formal planning document for the South Broad Street Corridor and (b) prior to construction of any physical infrastructure improvements, including implementation of the proposed demonstration project. CEQA and NEPA studies, reports, and documentation are required components of the SS4A grant deliverables will be completed as part of these forthcoming actions. FISCAL IMPACT Budgeted: Yes Budget Year: 2025-26 Funding Identified: Yes Fiscal Analysis: On February 6, 2024, the City Council approved $800,000 to support early planning for the South Broad Street Corridor Project, including $400,000 intended for consultant planning support, and $400,000 for contract staffing for this effort. In September 2024, the City was awarded a $400,000 Safe Streets for All (SS4A) grant, which requires a $100,000 local match. To maintain project momentum prior to execution of the grant agreement, the City engaged an on-call consultant to complete initial traffic engineering due diligence planning for the segment between South Street and Orcutt Road. That effort, totaling $60,480, is now complete and will be incorporated into the broader corridor planning and demonstration project. Throughout 2024 and 2025, staff attempted to recrui t for contract engineering staff to support this project effort but were initially unsuccessful in attracting qualified candidates. In early 2026, further recruitment was successful and there is now a contract Transportation Planner-Engineer I on board who is ready to focus on supporting the South Broad Street project. Approximately $200,000 in project funding is reserved for this contract staffing position. Staff are currently awaiting final execution of the SS4A grant agreement by the Federal Highway Administration. While there is some uncertainty regarding execution of the agreement with the City’s incorporated clarification, the project is structured to proceed using available local funding, if necessary, with scope adjusted accordingly to align with Page 159 of 454 Item 5j available resources. The primary benefit of the federal grant is to support implementation of the demonstration project. Including the SS4A grant and required local match, total project funding of $1,139,520 ($939,520 when excluding funds reserved for contract staffing) will support corridor planning, public engagement, environmental clearance, and design and construction of the demonstration project. Funding for potential future permanent improvements is anticipated in Fiscal Year 2029-30, as identified in the 2025-2027 Financial Plan, subject to future Council appropriation. Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost Capital Outlay Fund $739,520* $0 $739,520 $0 State Federal SSAA Grant $400,000 $400,000 Fees Other: Total $1,139,520 $0 $1,139,520 $0 *Approximately $200,000 in current Capital Outlay funds are reserved to support contract staffing for this project and should be considered unavailable for other uses. ALTERNATIVES 1. Reject the authorization to release an RFP for the South Broad Street Corridor Planning and Demonstration Project. This action would hinder the City's ability to deliver planned improvements to the South Broad Street area, that have been approved in the financial plan. Further, the consultant support is necessary to utilize the federal grant funds, and failing to deliver may jeopardize further grant opportunities. 2. Direct staff to modify the RFP prior to release. Comments on the scope of the RFP and the project at this meeting will delay the start of the consultant work, and the project. Council and the public will have several opportunities to provide input and guide the project at future public outreach, ATC and Council meetings. It is recommended that council approve the RFP, but make specific language recommendations in the council action, if necessary, to avoid further project delays ATTACHMENTS A - RFP for South Broad Complete Street Project-Specification No. 2001070 B - FHWA Safe Streets and Roads for All Grant Agreement Page 160 of 454 PUBLIC WORKS DEPARTMENT Notice Requesting Proposals for South Broad Complete Street Planning and Demonstration Project Specification No. 2001070 May 2026 The City of San Luis Obispo is requesting sealed proposals from qualified and interested consultants to provide professional services in transportation planning, engineering, and environmental compliance for the South Broad Street Complete Street Project, pursuant to Specification No. 2001070 and the Safe Streets and Roads for All (SS4A) Grant Program . The purpose of this Request for Proposals (RFP) is to solicit proposals from consultants with demonstrated expertise and experience in community outreach, roadway safety planning and analysis, the preparation of PS&E documents, and the completion of environmental documentation necessary to achieve compliance with NEPA, as required under the grant agreement. Proposals fee shall not exceed $210,000. Description of Services: In general, required services shall consist of various transportation planning and engineering services related to the City’s South Broad Street Complete Streets Project. The selected consultant will lead community outreach and complete a safety assessment to inform the development of a corridor plan with preliminary design concepts identifying both short-term and long-term safety improvements. The consultant will also prepare PS&E documents, as well as environmental documentation necessary to satisfy NEPA requirements, for a quick-build demonstration project that tests low-cost, short-term safety measures identified in the corridor plan. Proposal Submittal Deadline: All proposals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on June 17, 2026. Submittals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department in a sealed envelope plainly marked with the RFP title, specification number, consultant name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Obtaining a Specification Package Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page A list of companies that have requested a copy of the RFP is maintained on the web page. Questions Questions regarding this RFP or project detail information should be directed to Bryan Wheeler at bwheeler@slocity.org or (805) 781-7190. Page 161 of 454 Specification No. 2001070 TABLE OF CONTENTS A. DESCRIPTION OF WORK ....................................................................................................................................... 3 B. GENERAL TERMS AND CONDITIONS .................................................................................................................. 7 PROPOSAL REQUIREMENTS ................................................................................................................................ 7 CONTRACT AWARD AND EXECUTION ................................................................................................................ 8 C. PROPOSAL CONTENT AND SELECTION PROCESS .......................................................................................... 9 PROPOSAL CONTENT ........................................................................................................................................... 9 PROPOSAL EVALUATION AND CONSULTANT SELECTION ............................................................................ 10 D. FORM OF AGREEMENT ...................................................................................................................................... 11 ACKNOWLEDGEMENT ........................................................................................................................................ 19 INSURANCE CERTIFICATE ................................................................................................................................. 19 REFERENCES ....................................................................................................................................................... 20 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS .............................................................................. 21 E. INSURANCE REQUIREMENTS: Consultant Services ........................................................................................ 22 Page 162 of 454 A. DESCRIPTION OF WORK The City of San Luis Obispo is requesting proposals for planning and design services for the South Broad Street Complete Street Project, a federally funded effort through the Safe Streets and Roads for All (SS4A) Grant Program, awarded in 2024 and executed September 2025. This project aims to develop a corridor plan for Broad Street, from High Street to the southern City Limits, that includes community outreach, a comprehensive safety assessment, and traffic signal warrant evaluations. Additionally, the project includes the preparation of PS&E, along with environmental documentation, to support the installation of a quick-build demonstration project along the focused segment between South Street and Orcutt Road. Background: The South Broad Street Complete Street project scope includes planning, design and ultimately construction of transportation improvements along the Broad Street corridor, with a primary focus on reducing vehicle speeds, improving intersection crossings, and enhancing safety and accessibility for all road users, particularly people walking and bicycling. Previous planning-level strategies identified in the South Broad Street Area Plan, General Plan Circulation Element, Active Transportation Plan, and Draft Vision Zero Action Plan will provide the starting framework for developing more detailed infrastructure improvement recommendations; however, a more focused planning and preliminary design effort is necessary to guide the final design decisions for the project. At the City’s 2023-34 Mid-Year Budget Review, the City Council directed Public Works staff to initiate planning efforts to guide transportation improvements along the South Broad Street corridor—the segment of Broad Street generally extending between South Street and Orcutt Road. Staff has subsequently secured funding through a federal Safe Streets and Roads for All (SS4A) grant, which expands the limits of corridor planning efforts to include Broad Street from High Street to the southern City Limits (just south of Farmhouse Lane), and fund a quick -build demonstration project along the focused segment between South Street and Orcutt Road. Staff have completed preliminary traffic operations analysis to guide the more comprehensive corridor planning study. Over the long term and depending on budgetary constraints, potential transportation improvements to be considered include pavement maintenance, restriping/narrowing of auto travel lanes, installation of traffic signals (where warranted), installation of a landscaped center median, sidewalk and curb ramp upgrades, addition of protected bike lanes, street trees, landscaping and additional streetlighting. The focus of this scope of work will be overall corridor planning and recommendations and implementation of a quick -build demonstration project. Scope of Work: The City is seeking a qualified consulting firm or team to lead community engagement activities, conduct data collection and analysis including a safety assessment and traffic signal warrant evaluation, and prepare PS&E and environmental documentation for a quick-build demonstration project. The selected consultant will use traffic counts, collision history, public input, and professional expertise to develop a corridor plan for Broad Street, from High Street to the southern City Limits. The plan will include preliminary design concepts that identify both short- and long-term safety improvements, which may include, but are not limited to, bicycle facility enhancements, new or upgraded traffic signals, raised medians, and other treatments informed by MUTCD warrant analysis and a circulation system review. The consultant will also be responsible for identifying elements from the corridor plan that could be effectively implemented as a “quick-build” demonstration project along the focused segment between South Street and Orcutt Road, and for delivering the PS&E and environmental documentation required to support its installation. The following list is a summary of the anticipated scope of work under this initial work effort. This is not expected to be an all-inclusive list but an example of the necessary tasks and deliverables. Consultants are encouraged to recommend additional work scope for completion of the intent of the project in their proposals. Proposed budgets may not exceed $210,000 and will be considered final if selected. Task 1: Project Initiation & Coordination  Attend kick-off meeting and field investigation with Cit y staff. Page 163 of 454  Review background documents, including the South Broad Street Area Plan, General Plan Circulation Element, Active Transportation Plan, Draft Vision Zero Action Plan, and other relevant materials provided by the City.  Prepare project schedule in accordance with the Safe Streets and Roads for All (SS4A) Grant Program .  Attend project coordination meetings and conduct ongoing project management/administration duties as needed.  All FHWA Grant reporting shall be coordinated by the City, but additio nal services may be requested for grant administration on a time and materials basis. Federal Forms to be completed by the consultant, as required in the grant, shall be the responsibility of the selected consultant. Task 2: Data Collection The consultant shall collect segment counts and peak hour intersection counts at all necessary locations to support traffic signal warrant analysis and circulation analysis. Additionally, the consultant will be responsible for collecting pre- and post-implementation data to evaluate the demonstration project and fulfill grant reporting requirements. This includes:  Collecting vehicle speeds and traffic counts at all pre-project locations, including pedestrian and bicycle counts  Conducting community surveys to qualitatively assess user comfort and perceived safety. See task 6 for additional community outreach required in this task. Data Collection Locations The following lists provide a preliminary scope for data collection and are not all-inclusive. Final data collection locations will be finalized during the project kick-off meeting with the City and the selected consultant. Therefore, the below lists shall provide an order of magnitude estimate for proposal preparation. 48-Hour Roadway Segment Counts: Broad: High to South Broad: South to Lawrence Broad: Lawrence to Orcutt Broad: Orcutt to Capitolio Broad: Capitolio to Industrial Broad: Industrial to Tank Farm Broad: Tank Farm to Fuller Broad: Fuller to Aero Broad: Aero to City Limits All relevant Victoria, Woodbridge, Lawrence, Meadow, Rockview and Sacramento segments, as agreed in project kickoff. All segment count locations shall include pedestrian and bicycle counts, truck/heavy vehicle percentage, and 85 th percentile speed data. Weekday Peak Hour (AM, MD, & PM) Intersection Counts: Broad/High Broad/South/Santa Barbara Broad/Woodbridge Broad/Orcutt Broad/Rockview Page 164 of 454 Broad/Capitolio Broad/Industrial Broad/Tank Farm Broad/Aerovista Broad/Aero Broad/Airport Broad/Farmhouse All relevant Broad Street intersections between High and City Limits (Sandercock/Chorro, Branch, Funston, Alphonso, Caudill, Francis, Mitchell, Humbert, Lawrence, Stoneridge, Perkins, Mutsuhito, Sweeney, El Capitan, Fiero, Fuller) and all other relevant Victoria, Woodbridge, Lawrence, Meadow, Rockview and Sacramento intersections, as agreed in project kickoff. All intersection counts shall include pedestrian and bicycle counts. The City has collected data on Broad between South and Orcutt as part of a separate planning effort. This data will be available to the selected consultant. Task 3: Traffic Signal Warrant & Circulation Analysis Conduct a traffic signal warrant analysis, at a maximum of 3x locations discussed in project kickoff, and prepare a memorandum outlining potential impacts on adjacent circulation network. The City has performed signal warrant analysis at several intersections along the corridor, and that data will be available to the selected consultant. Task 4: Corridor Safety Assessment Conduct a comprehensive corridor safety assessment, including:  A detailed analysis of the collision history, using collision data provided by the City.  Solicit and oversee an independent corridor safety audit to further justify improvement types and locations. Proposals shall include methodology proposed to conduct this safety assessment. The assessment is a grant requirement. Task 5: Corridor Plan Development Upon completion of Tasks 2-4, the consultant shall use traffic counts, collision history, public input, and professional expertise to develop a Broad Street Corridor Plan, from High Street to the southern City Limits. The plan will include preliminary design concepts (approximately 5–10% design level) that identify both short- and long-term safety improvements, which may include, but are not limited to, bicycle facility enhancements, new or upgraded traffic signals, raised medians, and other treatments informed by MUTC D warrant analysis and a circulation system review. Task 6: Community Outreach and Engagement The consultant will lead community outreach efforts to inform the development of the corridor plan and gather input on the draft plan. City staff will support these efforts by maintaining the project website and managing online surveys. The consultant will be responsible for presenting at public meetings and assisting in the preparation of outreach materials. Initial outreach will focus on identifying community concerns and priorities to help shape the corridor plan. After the draft plan is developed, the consultant will conduct additional outreach to present the draft and collect further community feedback. This outreach will be in the form of a community survey, and the proposal shall include the methodology proposed to solicit community input. There will be the requirement for two surveys, one (x1) during project development, and one (x1) post demonstration project installation. The consultant will lead a minimum of two public meetings, with City staff providing support. In addition, the consultant will attend at least one Active Transportation Committee meeting and one City Council meeting to present the draft plan for review and approval. Page 165 of 454 Task 7: Demonstration Project PS&E (Including Environmental Clearance) The consultant will prepare PS&E for a quick-build demonstration project along the focused segment between South Street and Orcutt Road. This project will implement low-cost, short-term safety improvements identified through the planning process and community input, and will be constructed within the timeline specified by the SS4A grant. The consultant will complete all necessary environmental studies and documentation to ensure compliance with NEPA and CEQA requirements, as required by the SS4A grant. In addition, the consultant will also be responsible for providing construction support during the bidding process and throughout construction. Task 8: After-Project Data Collection Following implementation of the demonstration project, the consultant shall conduct a second round of data collection that mirrors the initial (pre-project) efforts. Post-project data scope will be finalized in coordination with the City during the project kickoff meeting. This post-project data will be essential for evaluating project outcomes, meeting grant reporting requirements, and guiding the development of future permanent improvements along the corridor. See task 6 for additional community outreach required in this task. Task 9: Documentation of Findings and Recommendations Consultant shall summarize the findings from the corridor planning activities for Broad Street (from High Street to the southern City Limits) and demonstration project activities for the focused segment (between South Street and Orcutt Road) in a clear, report-style format. This documentation will be used by the City to inform future design decisions and will be incorporated into the Vision Zero Action Plan, in accordance with the SS4A grant requirements. Agreement Management: The selected consultant will be expected to assign a single point person who understands the overall project and can manage work efforts associated with it. Initial Project Timeline Contract Approval to November 30, 2026 (Tasks 1, 2, 3 and 4) December 1, 2026 – May 31, 2027 (Task 5 and 6) June 1, 2027 – June 1, 2030 (Task 7, 8 and 9) Page 166 of 454 B. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and accepta nce of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Unless noted otherwise, provide a minimum of 3 copies. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date and tim e of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F. 4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFP package. 6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the proposals. 7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub- proposal or from quoting prices to other Consultants submitting proposals. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. 9. Alternative Proposals. When specifically requested, the proposer may submit an alternative pro posal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is Page 167 of 454 submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. CONTRACT AWARD AND EXECUTION 10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision. 12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail t o it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. 15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made. Page 168 of 454 C. PROPOSAL CONTENT AND SELECTION PROCESS PROPOSAL CONTENT 1. Submittal Forms a. Acknowledgement b. Insurance Certificate c. References d. Statement of Past Disqualifications 2. Qualifications a. Experience of your firm in performing similar services b. Experience of the staff to be assigned to the project in performing similar services c. Redundancy in the company of staff experienced in this type of work d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants e. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project f. Standard hourly billing rates for consultant and sub-consultant staff g. Detailed list of standard services available directly from the company 3. Work Program a. Description of your approach to completing the work b. Services or data anticipated to be provided by the City c. Any other information that would assist us in making this contract award decision 4. Proposal Length and Copies a. Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. b. 3 copies of the proposal must be submitted. c. 1 PDF format electronic copy must be submitted. Page 169 of 454 PROPOSAL EVALUATION AND CONSULTANT SELECTION Proposals will be evaluated by a review committee and contract award process as follows: 1. Written Proposal Review/Finalist Candidate Selection Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness, qualifications and understanding of the Consultant relative to these specification requirements. A group of finalist (short list) may be selected for follow-up requests for information or interviews before a final ranking is determined. Contract award will be based on a combination of factors that represent the best overall value for completing the work scope as determined by the City. The proposals will be ranked based upon: - Responsiveness and understanding of the project, 40% - Previous project experience, 20% - Proposed timeframe and schedule, 20% - Proposed project cost, 20% 2. Proposal Review and Award Schedule The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP .................................................................... 5/21/26 Receive proposals ................................................... 6/17/2026 Complete proposal evaluation ................................... 7/1/2026 Award contract ........................................................... 7/8/2026 Execute contract .......................................................... 7/15/26 Page 170 of 454 D. FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, on [DATE], requested proposals for South Broad Complete Street Planning and Demonstration Project per Specification No. 2001070. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: DELETE UNNECESSARY SECTIONS 1. Contract Term. The term of this agreement shall be from the date this Agreement is made and entered, as first written above, until the completion of services identified in this agreement. 2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereu nder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a findi ng as to the causes of same. 3. Termination for Cause. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extin guished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. Page 171 of 454 4. Termination for Convenience. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless otherwise directed, cease work and follow the City’s directions as t o work in progress and finished goods. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination. 5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and spe cial district laws, ordinances, and regulations. 6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s p roposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement. 7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 9. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 10. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City. The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 172 of 454 12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, exce pting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay within the scope of Consultant’s performance of the contracted services. 15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 16. Safety Provisions. The Consultant shall conform to the rules and regulations pertainin g to safety established by OSHA and the California Division of Industrial Safety. 17. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 18. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 21. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the exis tence of the ambiguity or defect. Furthermore, Page 173 of 454 failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequen t to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 22. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreeme nt or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragr aph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the Cit y’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employe es, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conc lusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or Page 174 of 454 other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense co sts due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub-consultants/ subcontractors. 23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 24. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 26. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and coversheets. Draft plans may be submitted for review using either the full 24x36, 22x34, or a reduced 11x17 format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format. Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications and Engineering Standards must be incorporated where applicable. City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the previous marked up submittal (returned to the Consultan t) to assist in the second review. Changes shall be made as requested or a notation made as to why the change is not appropriate. 2 copies of the draft preliminary reports, technical studies and 50% plans and estimate 1 copy of the final preliminary reports, technical studies plus markups 3 copies of the 90% plans, specifications and estimate plus 50% markups 1 copy of the 100% plans, specifications and estimate plus 90% markups 1 copy of the final plans, specifications and estimates plus 100% markups 1 copy of the final record drawings after construction Draft reports and plan submittals shall be submitted as paper copies. Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all original stamps and signatures. In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final specifications will also be required to be submitted in Microsoft Word format. In the event the Cit y will be completing the Record Drawings, the final plans will also be required to be submitted in AutoCAD. 27. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans (including PDFs and AutoCAD files), specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer Page 175 of 454 ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 28. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 29. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 30. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to 1 public meeting to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 31. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City. 32. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all costs including miscellaneous direct cost items. 33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. For purposes of City fiscal year auditing, invoices for work through June 30th of any year must be delivered to the City by the second full week of July. If the June invoice is not received, the consult must combine work completed in June and July into one July invoice for payment. 34. Payment. For providing services as specified in this Agreement, Ci ty will pay and Consultant shall receive therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project by project basis. The Consultant shall be reimbursed for hours worked at the hourly rates set forth in Consultant’s proposal attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been Page 176 of 454 identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 35. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30). 36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresol ved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Finance Director. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 37. Agreement Parties. City: Bryan Wheeler City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Consultant: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 38. Incorporation by Reference. City Request for Proposals, Specification No. 2001070 and Consultant's proposal dated XXXX, 2025 is attached to and made a part of this Agreement. Should there be any conflict between terms set forth in the City Request for Proposals Specification No. 2001070 and Consultant’s proposal dated XXXX, 2025, the terms in this agreement and City Request for Proposals Specification No. 2001070 will govern. 39. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. 40. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consult ant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense. 41. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be Page 177 of 454 made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. 42. Governing Law. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 43. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: ___________________________________ Name of Company ___________________________________ Whitney McDonald, City Manager By: Name of CAO/President Its: CAO/President APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney (2nd signature required if Corporation): ________________________________ By: Name of Corporate Officer Its: ____________________ Page 178 of 454 E. PROPOSAL SUBMITTAL FORMS (Note: These forms are available in Word format – Request via email) ACKNOWLEDGEMENT The undersigned declares that she or he:  Has carefully examined Specification No. 2001070  Is thoroughly familiar with its content  Is authorized to represent the proposing firm; and  Agrees to perform the work as set forth in the specification and this proposal. Firm Name and Address: Contact Name: Email: Fax: Phone: Signature of Authorized Representative: Date: INSURANCE CERTIFICATE Insurance Company’s A.M. Best Rating Certificate of insurance attached Page 179 of 454 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: _________ Provide a short description of the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional detailed information in your proposal. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Project Outcome Reference No. 2 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Project Outcome Page 180 of 454 Reference No. 3 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Project Outcome STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. Do you have any disqualification as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on ______________________at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Consultant Representative Page 181 of 454 E. INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the perf ormance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate suc h deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as r espects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Page 182 of 454 Revised March 2025 1 of 22 1.Federal Award No.2.Effective Date See No. 16 Below 3.Assistance Listings No. 20.939 4.Award To City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Unique Entity Id.: VCUGK243NQ71 TIN No.: 95-6000781 5.Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6.Period of Performance June 1, 2025 – May 31, 2030 7.Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $400,000 $100,000 $0 $0 $500,000 8.Type of Agreement Grant 9.Authority Section 24112 of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. 117–58, November 15, 2021) 10.Procurement Request No. [insert PR Number] 11.Federal Funds Obligated Base Phase (Pre-NEPA): $120,000 12.Submit Payment Requests To See Article 5. 14. Description of the Project The City of San Luis Obispo Planning & Demonstration Project will better inform future roadway design decisions along the South Broad Street Corridor and other high-speed arterial streets with more focused analysis and a demonstration project to test the effectiveness of roadway safety strategies. This Base Phase (Pre-NEPA) of the phased grant agreement encompasses all supplemental planning activities, preliminary design of the demonstration project, and NEPA coordination. 13.Accounting and Appropriations Data [insert Data] Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 183 of 454 Revised March 2025 2 of 22 RECIPIENT 15. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Whitney McDonald Title: City Manager FEDERAL HIGHWAY ADMINISTRATION 16.Signature of Agreement Officer ______________________________________ Signature Date Name: Title: Agreement Officer Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC 4/22/2026 | 8:45 PM PDT Page 184 of 454 Revised March 2025 3 of 22 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of San Luis Obispo (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of San Luis Obispo Planning & Demonstration Project. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 185 of 454 Revised March 2025 4 of 22 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: City of San Luis Obispo Planning & Demonstration Project Application Date: 05/16/2024 2.2 Award Amount. SS4A Grant Amount: $400,000 2.3 Federal Obligation Information. Federal Obligation Type: Multiple Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition Base Phase: Pre- NEPA $120,000 Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 186 of 454 Revised March 2025 5 of 22 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition Option Phase 1: Final Design $32,000 The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the final design and construction of an Implementation Project unless and until: (1) The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such activities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 187 of 454 Revised March 2025 6 of 22 Obligation Condition Table Phase the Project Allocation of the SS4A Grant Obligation Condition Option Phase 2: Construction $248,000 The Recipient shall not expend any funds (Federal or non-Federal) for, seek reimbursement of eligible costs, or otherwise begin any part of the construction or final design and construction of an Implementation Project unless and until: (1) The requirements of the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”), Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) (“NHPA”), and any other applicable environmental laws and regulations have been met; and (2) FHWA, or a State with applicable NEPA Assignment authority, has approved the NEPA document for the Project and provided the Recipient with a written notice that the environmental review process is complete; and (3) FHWA has obligated additional funds for this phase and notified the Recipient in writing that the Recipient may proceed to the next activity after NEPA approval, and the Recipient has acknowledged receipt in writing of FHWA’s notification. Recipient shall not proceed with any such activities until (2) and (3) as described in this section are met. Costs that are incurred before (2) and (3) as described in this section are met are not allowable costs under this agreement. Extent of activities that are permissible before NEPA is complete are those activities constituting “preliminary design” as specified in FHWA Order 6640.1A. 2.4 Budget Period. Base Phase Budget Period: June 1, 2025 – April 30, 2027 Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 188 of 454 Revised March 2025 7 of 22 Option Phase 1 (Final Design) Budget Period: April 30, 2027 – December 1, 2027 Option Phase 2 (Construction) Budget Period: December 1, 2027 – June 1, 2030 2.5 Grant Designation. Designation: Planning and Demonstration ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. Planning and Demonstration Narrative: Recently, the City has seen a dramatic increase in traffic collision fatalities, disproportionally impacting walkers and bikers along roadways, including the South Broad Street Corridor. The City of San Luis Obispo Planning & Demonstration Project will supplement the work already done on the City’s in- progress Vision Zero Plan. This project aims to better inform future roadway design decisions along the South Broad Street Corridor and other high-speed arterial streets, with more focused analysis of the safety issues and community concerns, as well as a demonstration project to test the effectiveness of roadway safety strategies to protect all road users. As part of its supplemental planning, the City will conduct a comprehensive safety assessment, including a detailed analysis of the collision history; a roadway safety audit; expanded data collection; and stakeholder engagement. The demonstration project will use “quick build” materials such as striping and flex posts to test roadway safety strategies identified through public outreach including (1) enhanced bicycle lanes, (2) corner bulb-outs, (3) temporary medians or left-turn provisions and/or prohibitions to control access, (4) road diet elements, and (5) speed feedback signs. Enhanced bike lane and road diet elements will not reduce lane/vehicle capacity. Findings from the planning and demonstration activities will be summarized in a publicly available report and incorporated into the Vision Zero Action Plan. The project will be completed in three phases. Base Phase: Pre-NEPA: This phase will include a comprehensive safety assessment (which will involve a detailed analysis of the collision history, a roadway safety audit, expanded data collection, and stakeholder engagement), the preliminary design of the demonstration project, and NEPA activities. Option Phase 1: Final Design, Right-of-Way, and Utility Relocation: This phase will advance the preliminary design identified in the Base Phase to a final design level. The demonstration project will remain within the City-owned right-of-way and avoid utility relocation. Additionally, this phase will include any necessary pre-installation ‘before’ data collection for monitoring and evaluation of the demonstration project. Option Phase 2: Construction: This phase will include all construction activities, post-installation ‘after data collection for monitoring and evaluation, and the preparation of summary report documentation for the demonstration project. 3.2 Project’s Estimated Schedule. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 189 of 454 Revised March 2025 8 of 22 Demonstration Activity Schedule Milestone Schedule Date Planned NEPA Completion Date: April 30, 2027 Planned Construction Substantial Completion and Open to Public Use Date: January 1, 2029 Planned SS4A Final Report Date: June 1, 2030 Supplemental Planning Schedule Milestone Schedule Date Planned Final Plan Publicly Available Date: April 30, 2027 Planned SS4A Final Report Date: June 1, 2030 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $400,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $100,000 In-Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $500,000 (b) Cost Classification Table – For Planning and Demonstration Grants with demonstration activities and Implementation Grants Only Cost Classification Total Costs Non-SS4A Previously Incurred Costs Eligible Costs Architectural and engineering fees $210,000 $0 $210,000 Construction $290,000 $0 $290,000 Project Total $500,000 $0 $500,000 (c) Indirect Costs Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 190 of 454 Revised March 2025 9 of 22 Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. ARTICLE 4 CONTACT INFORMATION 4.1 Recipient Contact(s). Dana Ebe Transportation Planner/Engineer City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 (805)781-7310 debe@slocity.org Bryan Wheeler Transportation Planner/Engineer City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 (805)781-7178 bwheeler@slocity.org 4.2 Recipient Key Personnel. Name Title or Position Dana Ebe Transportation Planner/Engineer Bryan Wheeler Transportation Planner/Engineer Adam Fukushima Active Transportation Manager 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 191 of 454 Revised March 2025 10 of 22 and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-42, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4A@dot.gov and Division Administrator – California Agreement Officer’s Representative (AOR) 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95814 (916) 498-5001 elissa.konove@dot.gov and Maria Bhatti California Division Office Lead Point of Contact Safety Program Manager 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95814 916-498-5002 maria.bhatti@dot.gov Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 192 of 454 Revised March 2025 11 of 22 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 193 of 454 Revised March 2025 12 of 22 (e)In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Supplemental Action Plan will be made publicly available and agrees that it will publish the final Supplemental Action Plan on a publicly available website. 6.5 The Recipient of a Planning and Demonstration Grant that involves a demonstration activity agrees to provide an assessment of each demonstration activity and update the existing Action Plan, which will incorporate the information gathered in the Action Plan’s list of projects or strategies and/or inform another part of the existing Action Plan. The Recipient also agrees that demonstration activities are temporary in nature and must be removed and/or ended following the conclusion of the project if the assessment of the demonstration activities does not affirm that the activities provide safety benefits. 6.6 The Recipient acknowledges that it is required to conduct certain environmental analyses and to prepare and submit to FHWA, or State with applicable NEPA Assignment authority, documents required under NEPA, and other applicable environmental statutes and regulations before the Government will obligate funds for Option Phase 1 under this agreement and provide the Recipient with a written notice to proceed with Option Phase 1. 6.7 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 194 of 454 Revised March 2025 13 of 22 conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement. 6.8 There are no other special grant requirements. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 195 of 454 Revised March 2025 14 of 22 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Supplemental planning activities will occur on the South Broad Street Corridor from High Street to City Limits (near Farmhouse Lane). The demonstration project is a focused section between South Street and Orcutt Road. Baseline Measurement Date: January 1, 2028 Baseline Report Date: March 1, 2028 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Fatalities: Total annual fatalities in the project location(s) Annually and within 120 days after the end of the period of performance Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Serious Injuries: Total annual serious injuries in the project location(s) [if available] Annually and within 120 days after the end of the period of performance Safety Performance [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Crashes by Road User Category: Total annual crashes in the project location(s) broken out by types of roadway users involved (e.g., pedestrians, bicyclists, motorcyclist, passenger vehicle occupant, commercial vehicle occupant) Annually and within 120 days after the end of the period of performance Costs [for all Grants] Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance Outcomes and Benefits Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 196 of 454 Revised March 2025 15 of 22 Measure Category and Description Measurement Frequency and Reporting Deadline [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Quantitative Project Benefits: Quantification of evidence-based projects or strategies implemented (e.g., miles of sidewalks installed, number of pedestrian crossings upgraded, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Qualitative Project Benefits: Qualitative description of evidence-based projects or strategies implemented (e.g., narrative descriptions, testimonials, high-quality before and after photos, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits [for Implementation Grants and Planning and Demonstration Grants with demonstration activities] Project Location(s): GIS/geo coordinate information identifying specific project location(s) Within 120 days after the end of the period of performance Lessons Learned and Recommendations [for all Grants] Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 197 of 454 Revised March 2025 16 of 22 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank. Scope: N/A Schedule: The grant agreement extends the timeline outlined in the grant application to allow adequate time for administering a phased grant agreement for the supplemental planning and demonstration project. This encompasses NEPA coordination, as well as project monitoring, evaluation, reporting, and closeout, all while ensuring compliance with the required 60-month performance period. Budget: Although the total budget for planning and demonstration activities remains unchanged between the grant application and the grant agreement, the grant agreement (as shown on the revised SF424A) reallocates some of the budget categories to cover the engineering costs associated with NEPA, preliminary design and final design. The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds $0 -$0 - Non-Federal Funds $0 -$0 - Total Previously Incurred Costs $0 -$0 - Future Eligible Project Costs SS4AFunds $400,000 80% $400,000 80% Other Federal Funds $0 -$0 - Non-Federal Funds $100,000 20% $100,000 20% Total Future Eligible Project Costs $500,000 100% $500,000 100% Total Project Costs $500,000 100% $500,000 100% Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 198 of 454 Revised March 2025 17 of 22 ATTACHMENT C [RESERVED] Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 199 of 454 Revised March 2025 18 of 22 ATTACHMENT D [RESERVED] Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 200 of 454 Revised March 2025 19 of 22 ATTACHMENT E LABOR AND WORKFORCE 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application: The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.) The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.) The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) X The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 201 of 454 Revised March 2025 20 of 22 2. Supporting Narrative. The San Luis Obispo City Council has adopted a Community Workforce Agreement with the Tri- Counties Building and Construction Trades Council to include several large-scale Capital Improvement Projects as key to employing local, union jobs. The City continues to employ even more community members on the City’s largest projects that have historically been constructed by non-local contractors using non-local workers.California prevailing wage requirements. The South Broad Street project is smaller in scope than traditionally included in the Community Workforce Agreement, but the City would consider its inclusion upon adoption of this agreement. ATTACHMENT F CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. The Recipient states that rows marked with “X” in the following table are accurate: X The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 202 of 454 Revised March 2025 21 of 22 X The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment. 2. Supporting Narrative. The project shall include all required Federal Contract language relevant to CFP 200.216 in both the design RFP and the construction project special provisions. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 203 of 454 Revised March 2025 22 of 22 ATTACHMENT G [RESERVED] Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 204 of 454 City of San Luis Obispo April 15, 2026 U.S. Department of Transportation Office of Infrastructure Deployment 1200 New Jersey Ave, SE Washington, DC 20590 Federal Highway Administration, CA Division Mike Shami, PE, MP 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95817 Re: Terms of Acceptance City of San Luis Obispo South Broad Street Corridor Planning and Demonstration Project Grant Fiscal Year 2025 Safe Streets and Roads for All (SS4A) General Terms and Condition To Whom it May Concern: This letter is submitted as a supplement to the City of San Luis Obispo’s (the “City’s”) acceptance of the above-referenced grant. On September 9, 2024, your agency provisionally awarded the City of San Luis Obispo (“City”) $400,000.00 under the Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant. The original grant agreement was executed by the City and then later updated by DOT with additional terms that incorporated by reference the current SS4A FY2025 general terms and conditions. Certain proposed certification language contained in federal grant applications and/or the general terms and conditions for federal grants, which are incorporated by reference into the terms and conditions of the grants, have now been determined to be unlawful, and therefore unenforceable, by various courts.1 The City of San Luis Obispo therefore presumes that grant acceptance is not conditioned on acceptance of terms adjudicated to be unlawful. Those terms include: 1 City and County of San Francisco, et al., v. Trump, et al. (N.D. Cal) Case No. 25-cv-01350-WHO; King County, et al. v. Scott Turner, et al. (W.D. Wa.) Case No. 2:25-cv-814-BJR; County of Santa Clara, et al. v. Noem, et al. (N.D. Cal.) Case No. 25-cv-08330-WHO. Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 205 of 454 City of San Luis Obispo, Title, Subtitle Section 27.2 – Federal Law and Public Policy Requirements – of the current version of the SS4A FY2025 general terms and conditions: (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code. (c) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit Based Opportunity, by entering into this agreement, the Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination law. (d) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. The City expressly does not contractually agree to be subject to any provisions determined to be unconstitutional, unlawful and/or unenforceable by any court of competent jurisdiction and accepts this grant on the express understanding that each of the above terms and conditions that the courts have determined to be unlawful and unenforceable are not a part of and are excluded from the City’s acceptance of this grant, specifically including sections 27.2 (a) through (d) of the SS4A FY 2025 general terms and conditions and those terms referenced above. The City greatly appreciates the grant of these funds which will be used to update and improve safety on the City’s major traffic thoroughfare of South Broad Street. The City looks forward to the opportunity to partner with the federal government in a shared effort to serve the public interest. Sincerely, J.Christine Dietrick City Attorney Docusign Envelope ID: B015A33E-0B4A-8C6B-81CE-4402CF990AFC Page 206 of 454